The co-spokesperson of the Comuns and deputy of Sumar, Gerardo Pisarello, has urged the Government to study the possibility of prohibiting mobile phone spying programs like Pegasus, or to limit their use to very exceptional cases and always under judicial supervision.
He has done so through a series of registered questions in Congress directed at the Executive, emphasizing that Spain has directly suffered the consequences of the use of this type of 'spyware', as evidenced by the investigation of the Audiencia Nacional, which confirmed that the phone of the President of the Government, Pedro Sánchez, and those of the ministers Margarita Robles (Defense) and Fernando Grande-Marlaska (Interior) were infected with Pegasus.
Furthermore, he has recalled that this software was used to access the phones of more than 60 people linked to Catalan independence, including political figures and activists, although it was later revealed that 18 of them were under surveillance by the National Intelligence Center (CNI) with judicial authorization.
Pisarello has emphasized that the European Parliament explicitly demanded from Spain a "complete, fair, and effective" investigation into this matter and that very severe restrictions be included on technologies like Pegasus, which should have "exceptional character" and be subject to real and effective judicial controls.
"It is necessary to know the Government's position regarding the compatibility of these technologies with our system of fundamental rights and about the advisability of prohibiting or severely restricting their acquisition and use in Spain," Pisarello has pointed out, wanting to clarify the Executive's stance.
In this line, he has asked the Government if it considers that this type of spying tools can compromise national security itself and if, considering that the president's and several ministers' phones were infected with Pegasus, it plans to ban their "commercial acquisition, contracting" and use in Spanish territory.
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If the Executive rules out a total prohibition, Pisarello questions whether it plans to limit the use of these programs to strict criteria of exceptionality and proportionality, given that the use of Pegasus without judicial authorization has been confirmed.
"Does the Government consider the use of highly intrusive spying programs against lawyers due to their professional activity compatible with the guarantees of the right to defense? Does it consider it necessary to establish specific guarantees that prevent access to communications protected by professional secrecy between lawyer and client?" asks Pisarello, demanding additional safeguards for these protected communications.